Corruption in Germany Criminal law – Definition, Offences and Defence

Corruption means the abuse of entrusted power or a position of trust for personal gain. Core offences include accepting and granting benefits (§§ 331, 333 StGB) as well as bribery and taking bribes (§§ 332, 334 StGB). In business contexts, Section 299 StGB governs bribery and corruption in commercial transactions. For direct advice, contact our English-speaking criminal defence lawyers in Frankfurt or see our criminal defence practice area.

What Constitutes Corruption?

The term stems from the Latin corrumpere (“to spoil”). It refers to unlawful advantages — monetary or non-monetary — for which there is no legal entitlement. The word “corruption” does not appear in the statute itself; instead, several separate provisions define the relevant criminal offences.

Key Offences and Provisions

• • Acceptance of Benefits (§ 331 StGB) and Granting of Benefits (§ 333 StGB)
• • Bribery (§ 334 StGB) and Taking Bribes (§ 332 StGB)
• • § 299 StGB – Bribery and corruption in commercial transactions (formerly an unfair competition offence, now criminally prosecuted; up to three years’ imprisonment or fines, with higher penalties for aggravated cases)
• • Related offences: fraud, breach of trust, falsification, trade secret violations, money laundering, tax evasion

Extent and Economic Impact

The hidden number of corruption cases is considered very high. Corruption distorts competition, undermines trust in institutions and causes billions in economic losses. Learn more about corporate liability and compliance measures on our Compliance and Internal Investigations page.

Socially Acceptable Conduct?

Minor, occasion-related gestures (e.g. flowers for a birthday) are not automatically criminal. The key criteria are the value, occasion, transparency and connection to official duties. Regular invitations to officials may already constitute impermissible “cultivation of favour”.

FAQ: Defence in Corruption and Bribery Cases

I received a police summons – should I attend?
You are not obliged to appear before the police and should not make statements without defence counsel. Your lawyer will first obtain access to the investigation file and then determine whether a statement is advisable.

What should I do during a search?
Stay calm. Request to see the search warrant, provide identification, make no statements about the matter and ask for a record of the measures. Do not hand over anything voluntarily without review. Contact your defence lawyer immediately.

Who can access the investigation file?
Only your defence counsel has full access. After file inspection, your lawyer will develop the appropriate strategy — whether to remain silent, make a statement, or challenge procedural steps.

What penalties can apply?
In § 299 StGB cases (commercial bribery), fines or imprisonment of up to three years are possible; for public office offences (§§ 331–334 StGB), penalties are significantly higher. The individual’s role, benefit amount and intent are decisive.

Are there mitigating options (cooperation / leniency)?
Yes. Early restitution, cooperation or clarification of facts can have mitigating effects. However, any cooperation should be carefully coordinated with your defence after reviewing the case file.

Should I issue a voluntary statement?
No. Premature statements can narrow defence options. A targeted statement should only follow strategic evaluation and professional advice.

What other measures can occur – seizure or asset recovery?
Corruption cases often involve searches, seizures, asset freezes and forfeiture of gains. Rapid defensive action can reduce financial risk.

Does liability affect me personally or my company?
Both. Individuals and companies can face parallel proceedings, including corporate fines, confiscation of profits and public procurement bans. Clear compliance structures and documentation are essential for defence.

Are “deals” possible in corruption trials?
Yes, but they depend on the evidence and prosecution stance. Plea negotiations may reduce penalties or shorten proceedings, yet must align with strategic objectives.

How about international aspects?
Cross-border bribery — especially involving foreign or international officials — raises complex jurisdictional and legal-assistance issues. Early coordination of international defence strategy is essential.

What are the first three steps to take?
• Remain silent – no spontaneous statements.
• Contact specialised defence counsel immediately.
• Wait for file access before deciding on any statement or cooperation.

Contact Our Criminal Defence Lawyers in Frankfurt and Nationwide

Buchert Jacob Peter represents individuals and companies in corruption, bribery and white-collar cases throughout Germany.

• • Dr Caroline Jacob – Specialist Lawyer for Criminal Law
• • Frank M. Peter – Specialist Lawyer for Criminal Law
• • Of Counsel: Prof. Dr Frank Peter Schuster
• • Cooperation Partner: Frank Wehrheim – Tax Advisor and former Tax Investigator

📞 Telephone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de

Further reading: Compliance & Internal Investigations | White Collar Crime Defence | Criminal Defence | Our Attorneys | Contact

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